logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 TSHC 025 print Preview print Next print
Court : High Court for the State of Telangana
Case No : Criminal Petition No. 429 of 2026
Judges: THE HONOURABLE MR. JUSTICE K. LAKSHMAN & THE HONOURABLE MR. JUSTICE VAKITI RAMAKRISHNA REDDY
Parties : Gade Innaiah @ Gade Inna Reddy Versus The State Represented by Deputy Superintendent of Police, National Investigation Agency, Hyderabad
Appearing Advocates : For the Petitioner: Ramavaram Chandrashekar Reddy, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 22-01-2026
Head Note :-
BNSS, 2023 - Sections 480 & 483 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Sections 480 and 483 of BNSS, 2023
- Section 152 of BNS, 2023
- Sections 13 and 39 of Unlawful Activities Prevention Act, 1967
- Section 21 of the National Investigating Agency Act, 2008
- Section 378 of the Code

2. Catch Words:
- Bail
- Interim bail
- Appeal
- Emergency parole
- Designated Court
- Petition
- Liberty to file application

3. Summary:
The petitioner sought interim bail for two weeks under Sections 480 and 483 of BNSS, 2023, citing his mother’s death and the upcoming 11th‑day ceremony. The trial court had earlier granted a two‑day emergency parole. The High Court noted that an appeal against a bail order under the NIA Act must be filed before a two‑judge bench, but the present petition is not such an appeal. Consequently, the Court held that bail jurisdiction is concurrent and the petitioner may approach either the designated court or the High Court. The petitioner was directed to file an application for interim bail before the designated court, with a direction that the application be decided promptly. All other pending matters in the petition were closed.

4. Conclusion:
Petition Dismissed
Judgment :-

K. Lakshman, J.

1. Heard Sri Nandigam Krishna Rao, learned Senior Counsel representing Sri Ramavaram Chandra Shekar Reddy, learned counsel appearing for the petitioner and Sri P.Vishnu Vardhan Reddy, learned Special Public Prosecutor for National Investigation Agency.

2. This petition is filed under Sections 480 and 483 of BNSS, 2023 seeking interim bail to the petitioner for a period of two weeks on the ground that the mother of the petitioner died on 15.01.2026 and her 11th day death ceremony is scheduled on 25.01.2026. In proof of the same, the petitioner has filed copy of death certificate of his mother issued by Sagaram Gram Panchayath, Zaffergadh Mandal, Jangaon District.

3. Initially this petition was listed before the learned Single Judge, who directed the Registry to post this matter before the appropriate Bench. Therefore, this matter is listed today before this Court.

4. The offences alleged against the petitioner are under Section 152 of BNS, 2023 and Sections 13 and 39 of Unlawful Activities Prevention Act, 1967.

5. It is apt to note that considering the death of the petitioner’s mother, on the application filed by the petitioner, vide order dated 16.01.2026, the learned trial Court/designated Court i.e., IV Additional Sessions Judge, Hyderabad granted emergency parole to the petitioner for a period of two days by imposing certain conditions. The petitioner instead of approaching the learned designated Court seeking interim bail, filed the present petition under Sections 480 and 483 of BNSS, 2023, before this Court.

6. It is also apt to note that Section 21 of the National Investigating Agency Act, 2008 (herein referred to as the Act, 2008) deals with the appeals, it is relevant and is extracted hereunder:

               “Section 21: Appeals

               (1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.

               (2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.

               (3) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order including an interlocutory order of a Special Court.

               (4) Notwithstanding anything contained in sub-section (3) of section 378 of the Code, an appeal shall lie to the High Court against an order of the Special Court granting or refusing bail.

               (5) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from:

               Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days:

               Provided further that no appeal shall be entertained after the expiry of period of ninety days.”

7. Thus, as per Section 21 of the Act, 2008, if the trial Court grants or refuses bail, then appeal shall lie before the Bench of two Judges of the High Court. Whereas in the present case the petitioner filed the petition under Sections 480 and 483 of BNSS, 2023 seeking interim bail for a period of two weeks. Therefore, it is not an appeal under Section 21 of the Act, 2008. It is also not in dispute that the petitioner can approach either the designated Court or this court directly. Bail jurisdiction is concurrent. Therefore, the petitioner has the following two options:

               i) File an application before the designated Court seeking interim bail;

               ii) Pursue this matter before the learned Single Judge.

8. At this stage, the learned Senior Counsel appearing for the petitioner, on instructions would submit that liberty may be granted to the petitioner to file an application before the designated Court and directions may be given to the designated Court to dispose of the said application in accordance with law by tomorrow itself.

9. In the light of the above said submission, this Criminal Petition is disposed of granting liberty to the petitioner to file appropriate application before the learned designated Court either today or tomorrow seeking interim bail and on filing of such application, considering the fact that 11th day ceremony of the petitioner’s mother is scheduled on 25.01.2026, learned designated Court shall dispose of the said application in accordance with law either tomorrow or day after tomorrow.

Consequently, miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

 
  CDJLawJournal